(2/8) SEC document production so far has included "at least 57 unique inquiries submitted over a period of more than 29 months asking the SEC whether it considered #XRP a security" & SEC always responded it "had not made a determination" as late as Oct 2020.
(3/8) @Ripple sought to confirm the "undisputed fact" that the SEC was asked multiple times by market participants and never stated #XRP was a security to any of these inquiries, but the SEC refused, saying "market participants" is "vague and ambiguous."
(4/8) The SEC added it "lacks sufficient information to answer" that @Ripple request despite it being directly about communications that go to and from the @SECGov!
(5/8) The @SECGov was also caught in double-talk about when #XRP first appeared on its Watch List, first telling the Court it was 4/13/18, then denying it later, then claiming prior statements were in "error" & refusing to clarify.
(7/8) The @SECGov has also refused to even affirm it never issued a no-action letter on any digital asset before 4/2019 because the phrases "relating" or "pertaining to a digital asset" are "vague and ambiguous."
(8/8) The motion lays bare to the judge how illogical and legally indefensible the @SECGov's evasion has become, and reflects the confusion #XRPHolders suffer in the face of no clear rules, no level playing field and regulation by enforcement.
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By far, the winner of the cringiest, most embarrassing video posted by a federal regulator in recent memory. A watchdog group literally just referred damning evidence of conflicts of interest by senior @SECGov officials to the SEC OIG, which @GaryGensler has ignored. Then this👇
🚨FORMAL REFERRAL SENT BY @EMPOWR_us FOR INVESTIGATION OF HINMAN ETHICS VIOLATIONS. Includes evidence of serious ethics violations by William Hinman in failure to disclose conflicts related to June 2018 $ETH speech & other violations (1/4) 👇 empowr.us/empower-oversi…
(2/4) The referral to SEC IG details evidence obtained through FOIA showing Hinman "disobeyed clear directives from the SEC's Ethics Office" on multiple occasions, including giving June 2018 $ETH speech without disclosing his financial interest in a member of @EntEthAlliance.
(3/4) The exposing of Hinman's conflicts "have predictably undermined public perception that @SEC_Enforcement actions are fair and objective" and "severely undermines public confidence in @SECGov's integrity," writes @JsnFostr to Acting SEC IG Rebecca Sharek.
"The @SECGov's behavior in SEC v. @Ripple raises serious questions about what remedy defendants and #XRP holders may have against an overbearing federal agency that has abused the power granted it by Congress." Frank Francone today in @Law360 (1/6)👇 law360.com/articles/14802…
"The commission's lawsuit against Ripple uses an overly broad interpretation of the Securities Act to claim that XRP — the token itself — is a security regardless of how it was packaged and sold." (2/6)
"The broad claim coupled with aggressive discovery motions seeking to dig through Ripple's senior executives' personal finances strongly suggests the SEC expected Ripple to fold quickly, beg for a settlement & that its legal arguments would never really be tested in court." (3/6)
Hey @peteschroeder - you tried to get then-SEC Dir. of Corp. Finance Bill Hinman on the record in August 2017 for a story about his potential conflicts of interest w/ Simpson Thacher. In addition to your 2017 emails w/ Hinman and SEC staff, @EMPOWR_us has also obtained these👇
For your reference, here is the latest set of Hinman emails released by @EMPOWR_us via FOIA earlier today. Your emails w/ the agency begin around p. 121. empowr.us/empower-oversi…
These documents also raise questions about a market-moving speech he gave in 2018 declaring the cryptocurrency Ether not to be a security, given Simpson Thacher's role in promoting commercial use of Ethereum 👇
JUST ADDED to our Document Library:
🚨THE HINMAN EMAILS: Hinman Explicitly Warned He May Never Meet with Simpson Thacher While in Office, then Promptly and Repeatedly Violates the Rule. (1/5) 👇 crypto-law.us/wp-content/upl…
(2/5) In a terse exchange with an SEC ethics staffer on Jan 25, 2018, Hinman tries to get clearance to attend mtg. w/ Simpson Thacher in London. She warns him he can't have "any meetings" w/ the firm.
He tries to take the conversation off email.
(3/5) The staffer replies with a more explicit and pointed warning he has "a bar under the criminal financial code" that NO contact w/ Simpson Thacher - "even calls with them" - is legally allowed, adding there is also a "serious optics issue".
JUST ADDED to our Document Library:
FIVE DOCUMENTS (a 🪡)
✅4/12/2021 Memorandum of Law Supporting @chrislarsensf Motion to Strike (Unredacted Version) 👇 crypto-law.us/wp-content/upl…